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prescribed by this Act, before the Court to which such Writ is re-
turnable, or before some Justice of the Provincial Court, or of the
Peace, for the said County, or the County where such Plaintiff doth
reside; and to return a Certificate of the same to the said Court;
and in Default thereof shall suffer a Non-Suit, if the Defendant
appears: And in case the Defendant, on the Return of such Writ,
if he shall appear, or before Tryal of such Cause, doth not take the
same Oath before the Court, or produce a Certificate of his having
so done, before some Magistrate as aforesaid, the Plaintiff having
complied with his Part, it shall and may be lawful for the Justices
of the several Courts within this Province, on the Plaintiff his mak-
ing appear his Claim, to give Judgment against such Defendant, as
by Default, for such Debt, Damages and Costs, as to them shall
seem meet.
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Session
Laws
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Oath of Plaintiff and Defendant.
You A B. do swear that you have not given, caused to be given,
or paid, nor wittingly, willingly or designedly give, cause to be
given, or pay, either directly or indirectly, unto your Attorney or
Attorneys, Counsellors or Advisers, in the Cause now depending
between you and C D, in Court, or to any other Person whatsoever,
for the Use of your said Attorney or Attorneys, Counsellors or Ad-
visers, any other or larger Fee or Fees, Gratuity or Reward, either
for Advice in the said Action, or any other Services thereto relating,
than they are allowed to take, by an Act of Assembly, entituled, An
Act to restrain the evil Practices of Attorneys; and to prevent their
taking Money-Fees; and to ascertain what Fees shall be allowed to
Practitioners in the Law, who shall attend the Circuit-Courts, ac-
cording to the best of your Knowledge. So help you God.
A Certificate, of such Person or Persons having taken such Oath
or Oaths, or Affirmation, (if a Quaker) of Plaintiff or Defendant,
shall be delivered to the Clerk of the County; and the Clerk of the
County, Ex Officio, is hereby required to file the said Certificate or
Certificates. And the Judges or Justices of any Court or Courts,
Jurisdiction or Jurisdictions of this Province, are hereby required
not to suffer any Cause or Causes, which shall hereafter be com-
menced, to be prosecuted or defended before them, before the several
Oaths, or Affirmation (if a Quaker) appointed by this Law, for
Attorneys, Plaintiff and Defendant, have been taken before them,
or Certificates thereof returned as aforesaid.
And be it further Enacted, by and with the Authority, Advice
and Consent aforesaid, That all and every Clause or Clauses, Article
or Articles, mentioned in any Act of Assembly of this Province
heretofore made, relating to the ascertaining and limiting of Attor-
neys Fees only, be and are hereby declared to be repealed, abrogated
and made void, to all Intents, Constructions and Purposes. Pro-
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p. 286
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